Our Account Application | Fresh n Frozen

Company

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PREAMBLE

The Applicant named in Part A applies for a Credit/Trading Account with Robert Schukraft as trustee for Duglas Holdings Trust (trading as Fresh n Frozen Food Service Distributors) (“the Supplier”) for the supply by the Supplier of food products to the Applicant, at the request for the Guarantor (if any). In the event that the Applicant’s application is approved, then:

(a) The terms of supply shall be those terms of supply set out in this application; and
(b) The Guarantor guarantees to the Supplier that the Applicant will pay all monies due to it in accordance with the terms of supply, and indemnifies the Supplier against any loss or damage arising by any failure of the Applicant of its obligation to do so.

PART A – APPLICANT/COMPANY DETAILS

Name of Applicant:(Required)

ABN:(Required)

Trading Name:(Required)

Registered Business Location

Registered Office:(Required)

Post Code:(Required)

Delivery Address:

Delivery Address

Invoice Address:

Invoice Address

Phone:(Required)

Fax:(Required)

Contact Name:(Required)

Contact Person Email:(Required)

Accounts Manager:(Required)

Accounts Manager Email(Required)

Purchasing Manager:(Required)

Purchasing Manager Email(Required)

Commencement Date of Business:(Required)

Nature of Business:(Required)

PART B - DETAILS OF DIRECTORS / PROPRIETORS / PARTNERS

START OF DIRECTORS / PROPRIETORS / PARTNERS - 1

Full Name:(Required)

Private Residential Address:(Required)

Home Phone/Mobile Number:(Required)

Date of Birth:(Required)

Driver's License Number:(Required)

Please attach a copy of a current driver's license(Required)

Max. file size: 128 MB.

END OF DIRECTORS / PROPRIETORS / PARTNERS - 1

START OF DIRECTORS / PROPRIETORS / PARTNERS - 2

Full Name 2:

Private Residential Address 2:

Home Phone/Mobile Number 2:

Date of Birth 2:

Driver's License Number 2:

Please attach a copy of a current driver's license 2

Max. file size: 128 MB.

END OF DIRECTORS / PROPRIETORS / PARTNERS - 2

Accountant Details

Name:(Required)

Phone:(Required)

Bank Details

Bank:(Required)

Branch:(Required)

PART C – PERSONAL GUARANTEE

In consideration of the Supplier agreeing to supply food products to the Applicant at the request of [insert name/s (the Guarantor)], the Guarantor/s (and if more than one, jointly and severally) guarantee the performance by the Applicant of its obligations to the Supplier pursuant to the terms of supply (and including but not limited to its obligations of payment) and indemnifies the Supplier against loss or damage by reason of any breach of those obligations.

The Guarantor acknowledges that its obligations pursuant to this guarantee and indemnity shall not be affected by any concession or indulgence granted by the Supplier to the Applicant and any failure on the part of the Supplier to act promptly or variation to the terms of supply or the terms of the Applicant’s trading account with the Supplier.

Date Signed:(Required)

Signed by the said:

*Attach a photo of the following*

Start of 1st signatures

Guarantor Signature(Required)

Max. file size: 128 MB.

Witness Signature(Required)

Max. file size: 128 MB.

End of 1st signatures

Start of 2nd signatures

Guarantor Signature 2

Max. file size: 128 MB.

Witness Signature 2

Max. file size: 128 MB.

End of 2nd signatures

PART D - TRADE REFERENCES

Start of TRADE REFERENCES - 1

Company Name:(Required)

Address:(Required)

Contact Phone:(Required)

Avg. Monthly Purchases:(Required)

End of TRADE REFERENCES - 1

Start of TRADE REFERENCES - 2

Company Name 2:

Address 2:

Contact Phone 2:

Avg. Monthly Purchases 2:

End of TRADE REFERENCES - 2

The Applicant authorizes each referee to provide information to the Supplier to verfiy its reference.

PART E - TRADING TERMS

TERMS & CONDITIONS

Definitions:

“Fresh N Frozen” means Robert Schukraft as trustee for Duglas Holdings Trust trading as Fresh N Frozen Food Service Distributors ABN 79 909 103 577 “Customer” means the person or entity to which the goods are hereby sold and in the context of an application for a credit/trading account means the Applicant. “Goods” means the goods sold by Fresh N Frozen to the Customer, and includes the applicant

Sales:

Fresh N Frozen hereby agrees to sell to the Customer and the Customer hereby agrees to purchase from Fresh N Frozen the Goods ordered by the Customer from time to time, in accordance with the Terms & Conditions.

Contract:

The placing of an order by the Customer shall be an offer to purchase (in accordance with these terms and Conditions) which may be accepted by Fresh N Frozen. The Customers’ order may be written, verbal, or electronic and may consist of a standing order or may be made from time to time.

Prices:

The Customer acknowledges that the price of the goods will vary from time to time and agrees that the price for the Goods shall be Fresh N Frozen’s prevailing price on the day of dispatch. The Customer acknowledges that Fresh N Frozen reserves the absolute right to vary or amend prices quoted in relation to future orders placed for the Goods, provided that Fresh N Frozen advises the Customer at least seven (7) days prior to dispatch.

Delivery:

Delivery shall be made at the place notified by the Customer for the purpose, otherwise it shall be at the Customer’s Trading Address or Registered Business Address. Fresh N Frozen shall make a reasonable effort to deliver the Goods within a reasonable time from the date of the order but shall not be liable for any delay or inability to deliver.

Conditions of Goods

Any claims that the Goods are not in good condition or are not in accordance with the Customer’s order, shall be notified by the Customer to Fresh N Frozen at the time of delivery in writing. Unless so notified the Goods shall be conclusively presumed to be in accordance with the Customers order.

Title & Risk

Title to any of the Goods shall not pass until such time as the Customer pays the full price of all the Good supplied by Fresh N Frozen. Until that time the customer shall have possession of the goods as ballee only and shall keep the goods separate from others and identify them as the property of Fresh N Frozen. In the event that the Customer disposes of the Goods or incorporates them into another product, then the Customer shall hold the proceeds of sale on trust for Fresh N Frozen and shall bank the proceeds of sale separately for the benefit of Fresh N Frozen.

Deterioration:

Notwithstanding the clause Title & Risk and without affecting the transfer of title under Title & Risk the risk of deterioration shall be the Customer’s from delivery. From delivery the Customer shall properly handle and store the goods so as to minimize deterioration.

Payment:

Payment is to be made by way of cash on delivery, unless Fresh N Frozen has approved credit facilities for the Customer, and is to be made by the Customer to Fresh N Frozen unless otherwise specified in writing by Fresh N Frozen. Payment is to be made for all deliveries by Fresh N Frozen whether or not the customer has signed the accompanying invoice and / or delivery docket.

Default in Payment

Should the Customer default in the payment of any monies due to Fresh N Frozen, and then the total of all monies due to Fresh N Frozen by the Customer shall immediately become due and payable. The Customer shall pay or reimburse any expenses, costs or disbursements incurred or paid by Fresh N Frozen in recovering outstanding monies including bank charges, debt collection agency fees and commissions and legal costs on an indemnity basis.

Interest:

Where the Customer pays later than on delivery (or where credit facilities have been approved by Fresh N Frozen then from expiration of the credit period allowed for payment), interest shall accrue on all monies payable but unpaid at the current bank rate plus 3% per PART E - TRADING TERMS annum simple interest calculated daily from the due date of payment until the actual date of payment.

Security:

To secure the rights of Fresh N Frozen to obtain payment for the Goods, the Customer hereby pledges and charges the Customer’s present and future property from time to time to Fresh n Frozen with payment of all monies owing by the Customer to Fresh n Frozen from time to time.

Personal Property Security Act:

The Customer acknowledges that:

(a) Fresh N Frozen will have a security interest in the Goods until title to the Goods passes to the Customer in accordance with the terms of this agreement, and in the proceeds of any sale by the Customer of such Goods until the Customer has paid for the Goods;
(b) The security interest secures the purchase price for all the Goods supplied to the Customer;
(c) The security interest attaches to the Goods purchased by the Customer on delivery of the Goods to the Customer;
(d) The security interest comprises a purchase money security interest to the extent that it secures purchase money obligation.

Fresh N Frozen is entitled to register its security interest pursuant to the Personal Property Securities Act 2009 (“the Act”).

Payments made by the Customer to Fresh N Frozen will be applied in the following order:

(a) First in satisfaction of the obligations of the Customer to the Goods that are not secured pursuant to the Act, in which those obligations were incurred;
(b) Second, to obligations that are secured, but are not purchase money security interests, in the order in which those obligations were incurred;
(c) Third, to obligations that are secured by purchase money security interests, in the order in which those obligations were incurred.

The following provisions of the Act do not apply to the Customer’s security interests:

(a) Section 125 (obligation to dispose of or retain collateral);
(b) Section 130 (notice of disposal) to the extent that it requires Fresh N Frozen to give notice of disposal to the Customer;
(c) Section 132(4) (written notice if no disposal);
(d) Section 135 (notice of retention).

Whoever is not obliged to give to the Customer a post-registration verification statement under the Act unless the Customer requests one.

The parties agree that subject to section 275(7) of the Act, neither of them will disclose information of the kind described in section 275(1) of the Act in response to a request made pursuant to it or otherwise.

CREDIT TERMS

Normal Supply Terms:

Fresh N Frozen’s Terms & Conditions are cash on delivery.

Credit Terms:

The Customer agrees that it is not entitled to credit facilities until the Customer receives notice in writing from Fresh N Frozen stating that credit facilities have been approves and confirming the credit terms (and conditions) upon which such facilities have been approved.

Termination of Credit:

Fresh N Frozen reserves the right to terminate credit facilities from time to time or any time.

Security:

Fresh N Frozen reserves the right at any time to require the Customer to provide security as a condition for the continuation of credit facilities. Security may take the form of a Bank Guarantee or Mortgage or Charge or Bill of Sale required by Fresh N Frozen.

These Terms and Conditions and these Credit Terms are governed by, constructed and take effect in accordance With the laws of Queensland and Fresh N Frozen and the Customer irrevocably and unconditionally submit To the non exclusive Jurisdiction of the Courts of Queensland.

PART F – PRIVACY ACT

Each of the Applicant and the Guarantors consent and authorize the enquiries, collection of information, and disclosure of information in respect of this application and the dealings between the Supplier and the Applicant, in accordance with the Privacy Consent Terms following:

Fresh N Frozen means Robert Schukraft as trustee for Duglas Holdings Trust trading as Fresh N Frozen Food Service Distributors ABN 79 909 103 577 In this document “Recipients” includes Fresh N Frozen and any other recipient named above. The Privacy Act [Cth] 1988 regulates the way in which personal information about customers can be used by credit providers.

Purpose of Collection and Use

Certain personal information is required to enable Recipients to:

• Assess your application for personal or commercial credit and/or credit worthiness and/or to become a guarantor.
• administer any credit facility which is subsequently provided by the Recipients including managing any account in connection with the credit facility, administering insurance claims, recovering any money owed to the Recipients, maintaining the value and protecting any assets provided as security for any obligations under the credit facility and for use in connection with the outsourcing of any of the Recipients functions:
• assist you to avoid defaulting on your credit obligations:
• notifying other credit providers of any default by you; and
• Identifying and sending you any information about the Recipients other related products or services that may be of interest to you.

If you do not provide the Recipients with the personal information requested, then the Recipients will be unable to assess your application for personal or commercial credit or consider whether you ought to become a guarantor.

The following tells you what information might be required and how the information might be used.

PLEASE READ THIS CAREFULLY.

Disclosure of personal information

The types of organisations to which the Recipients may disclose personal information include credit reporting agencies, government departments and authorities, insurers and underwriters, guarantors, agents, contractors, proposed assignees of the Recipients assets and other third parties associated with the Recipients to enable the Recipients to carry out their functions, for example mailing houses, debt collection agencies, mercantile agents, archive companies, valuers, call centre operators, solicitors, accountants, other funders, introducers and brokers.

You consent to the Recipients collecting your personal information and using it for the purposes outlined in this document including disclosing your personal information to the types of organisations set out above.

Disclosure of Credit information to a Credit Reporting Agency

You authorise the Recipients to give a credit reporting agency certain personal information about you for the purposes of enabling the Recipients to obtain a consumer credit report about you and/or to allow the credit reporting agency to create or maintain a credit information file containing information about you. The information which the Recipients may disclose to the credit reporting agency is limited to:

• your identification [including your name, sex, address and the previous two addresses, date of birth, name of employer and drivers licence number];
• the fact that credit has been applied for and the amount;
• the fact that the Recipients are a current credit provider to you;
• details of payments which become overdue for more than 60 days and for which collection action has commenced;
• the fact that payments are no longer overdue;
• details of cheques drawn by you which have been dishonoured more than once;
• the fact that in the Recipients opinion you have committed a serious credit infringement; and  the fact that credit provided to you by the Recipients has been paid or discharged

Authority to obtain credit information

You authorise the Recipients to obtain from:

a) a credit reporting agency a credit report containing personal or commercial information about you in relation to personal or commercial credit provided to you;
b) A business which provides information about the commercial credit worthiness of persons information about your commercial activities or commercial credit worthiness.

Authority to Exchange Credit Information with another Credit Provider

You authorise the Recipients to give to and obtain from other credit providers information about your credit worthiness, credit standing, credit history or credit capacity

Authority to Disclose Certain Information to Joint Applicants

If your credit application or application to become a guarantor is declined due to adverse information on your personal credit file, you authorise the Recipients to notify each applicant for the credit that the application has been declined wholly or partly on information derived from a personal credit report relating to you.

Authority to Disclose Certain Information to Guarantors

You consent to the Recipients providing information about you to any person who proposes to guarantee your obligations to the Recipients for the purpose of allowing that person to assess whether to act as your guarantor and/or indemnifier. After the guarantee is given, you consent to the Recipients providing information about you to the guarantor and/or indemnifier.

Guarantors Only: Authority to obtain information about a Guarantor

You authorise the Recipients to obtain from a credit reporting agency a credit report containing personal credit information about you to assess whether to accept you as a guarantor for the personal or commercial credit applied for by the applicant.

Authority to Give Opinions

You authorise the Recipients to give to or receive from another credit provider an opinion for the purposes connected with your business trade or profession.

Other Acknowledgements and Consents

• You confirm, where you first applied for credit orally, that the above consents were given at the time.
• You consent to the Recipients exchanging information concerning your financial affairs with any person acting on your behalf including your agent, accountant, solicitor or broker.
• You acknowledge that the Recipients may exchange information with government authorities as required or authorised by law.
• You agree that the Recipients may use your personal information for marketing purposes to tell you about other related services and products which could suit your needs. If you do not want this to happen please tell us.
• You acknowledge that the above authorities and consents will continue until the credit facility provided is repaid in full and the credit facility terminated

Access and Correction

• If you would like to know more about:
• the personal information which the Recipients hold about you; or
• the Recipients personal information handling practices; or
• gaining access to the personal information which the Recipients hold about you; or
• the Recipients handling of personal information about you, please contact:

Fresh N Frozen [07 55 495 900]

Mail:

The Manager

Fresh N Frozen

22 Notar Drive,

Ormeau Q 4208

The Recipients will also provide you with a copy of this information for which a fee may be payable. You should let the Recipients know if you think any information which they hold about you is inaccurate so that they may correct it

You acknowledge that you have read and understood the authorisations and consents which you have given in this document.

Account Application

CREDIT/TRADING ACCOUNT APPLICATION

PREAMBLE

PART A – APPLICANT/COMPANY DETAILS

Registered Business Location

Delivery Address:

Invoice Address:

PART B - DETAILS OF DIRECTORS / PROPRIETORS / PARTNERS

START OF DIRECTORS / PROPRIETORS / PARTNERS - 1

END OF DIRECTORS / PROPRIETORS / PARTNERS - 1

START OF DIRECTORS / PROPRIETORS / PARTNERS - 2

END OF DIRECTORS / PROPRIETORS / PARTNERS - 2

Accountant Details

Bank Details

PART C – PERSONAL GUARANTEE

Signed by the said:

Start of 1st signatures

End of 1st signatures

Start of 2nd signatures

End of 2nd signatures

PART D - TRADE REFERENCES

Start of TRADE REFERENCES - 1

End of TRADE REFERENCES - 1

Start of TRADE REFERENCES - 2

End of TRADE REFERENCES - 2

PART E - TRADING TERMS

TERMS & CONDITIONS

CREDIT TERMS

PART F – PRIVACY ACT

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